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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 808
Introduced by Ibach, 44; Brandt, 32.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Child Care Licensing Act; to amend1
section 71-1908, Revised Statutes Supplement, 2025; to change2
provisions relating to legislative intent; to provide for a child3
care licensing pilot program as prescribed; to provide powers and4
duties for the Director of Public Health of the Division of Public5
Health of the Department of Health and Human Services; to provide6
for a waiver of certain child care licensing requirements; and to7
repeal the original section. 8
Be it enacted by the people of the State of Nebraska,9
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Section 1. Section 71-1908, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-1908 (1) Sections 71-1908 to 71-1923.03 and sections 2 and 3 of3
this act shall be known and may be cited as the Child Care Licensing Act.4
(2) The Legislature finds that there is a present and growing need5
for quality child care programs and facilities. There is a need to6
establish and maintain licensure of persons providing such programs to7
ensure that such persons are competent and are using safe and adequate8
facilities. The Legislature further finds and declares that the9
development and supervision of programs are a matter of statewide concern10
and should be dealt with uniformly on the state and local levels . There11
is a need for cooperation among the various state and local agencies12
which impose standards on licensees, and there should be one agency which13
coordinates the enforcement of such standards and informs the Legislature14
about cooperation among the various agencies. 15
Sec. 2. (1) The Director of Public Health of the Division of Public16
Health of the Department of Health and Human Services may enter into a17
contract with any number of licensees to develop and operate a pilot18
program designed to increase the availability or capacity of day care19
facilities in the state. 20
(2) The director may grant licensure to a person to maintain a21
facility in a pilot program under this section that waives the22
requirements of the rules and regulations related to licensure and23
operation of a day care facility or youth development program, including24
requirements for staff at such day care facility or youth development25
program. A facility granted a license pursuant to this section shall26
comply with alternative terms, conditions, and requirements established27
by the director as may be necessary to protect the health, safety, and28
welfare of the children who attend such facility. 29
(3) The director shall not grant a license under this section if the30
director determines that a day care facility or youth development program31
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or a staff member of such facility or program would endanger the health,1
safety, and welfare of a child. 2
(4) The director may grant licensure to a person to maintain a3
facility under this section for no more than five years.4
(5) If the director determines that a pilot program established5
under this section is successful and increases the availability or6
capacity of child care facilities in the state, the director shall make7
suggestions and recommendations to the Legislature for statutory changes.8
Sec. 3. A person granted licensure to maintain a facility may9
request a waiver from the requirements of the Child Care Licensing Act10
for a specific period of time from the Director of Public Health. A11
waiver request shall be in a form and manner approved by the director and12
contain the provisions of the rules and regulations sought to be waived.13
Waiver requests shall be granted on a case-by-case basis.14
Sec. 4. Original section 71-1908, Revised Statutes Supplement,15
2025, is repealed. 16
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